Supporting Employee Competency and Updating Readiness Enhancements for Facilities Act of 2012 or the SECURE Facilities Act of 2012 - (Sec. 2) Defines "appropriate congressional committees" for purposes of this Act as: (1) the Senate Committees on Homeland Security and Governmental Affairs and Appropriations; and (2) the House Committees on Homeland Security, Transportation and Infrastructure, and Appropriations.
(Sec. 3) Amends the Homeland Security Act of 2002 to modify requirements relating to the Federal Protective Service (FPS) and the Interagency Security Committee (ISC) and to provide for the security of federal facilities (i.e., buildings and grounds owned, occupied, or secured by the federal government), including facilities used for activities covered under the Atomic Energy Act of 1954.
Requires the Director of FPS to: (1) secure federal facilities protected by FPS and safeguard all occupants, (2) provide adequate numbers of trained personnel to ensure that federal security standards are met, and (3) ensure that areas in and around such facilities are regularly patrolled by FPS officers.
Requires the Secretary of Homeland Security (DHS) to ensure that FPS maintains not fewer than 1,371 full-time equivalent employees in FY2012, including not fewer than 950 in-service field staff. Establishes a minimum level for full-time equivalent employees of 1,200, including not fewer than 900 in-service field staff. Requires the Secretary to ensure that the hiring of each full-time equivalent employee is offset by a reduction of 1 full-time equivalent employee in DHS.
Requires the Director to: (1) establish minimum training requirements for all armed contract security guards procured by FPS of least 80 hours of instruction and increase FPS monitoring of the initial training of armed contract security guards, (2) establish a program to periodically assess the training of guards and the security of federal facilities, (3) update the Security Guard Information Manual and post orders within 180 days and every 2 years thereafter, (4) establish a database to monitor all contracts for guard services, and (5) increase the number of infrastructure security canine teams by up to 15 teams in each of FY2012-FY2015.
Directs the Secretary to develop performance-based standards for checkpoint detection technologies for explosives and other threats at facilities protected by FPS.
Authorizes the Secretary to assess and collect: (1) fees and security charges from agencies for the costs of providing protective services, and (2) additional charges for the costs of necessary security countermeasures for facilities determined to be noncompliant with ISC security standards.
Directs ISC to: (1) prescribe regulations for determining federal facility security levels and to establish risk-based performance standards for facility security, (2) establish protocols for testing facility compliance with such standards, (3) prescribe regulations to determine minimum levels of training and certification of armed contract security guards and to establish a list of prohibited items for entry into federal facilities, (4) establish minimum requirements and a process for providing basic security training for members of Facility Security Committees, (5) take necessary actions to enhance the quality and effectiveness of security and protection of federal facilities, and (6) establish an appeals board to consider appeals relating to facility security level and noncompliance determinations.
Directs the Secretary to establish a process to authorize an agency to provide protective services for a federal facility instead of FPS.
Requires agencies that are tenants at each federal facility to maintain a Facility Security Committee for such facility. Requires basic security training to be provided to all members of the Committee.
(Sec. 4) Authorizes FPS law enforcement officers to carry firearms on or off duty. Amends the federal criminal code to allow FPS law enforcement officers to carry concealed firearms.
(Sec. 5) Extends retirement benefits to FPS employees under the Civil Service Retirement System (CSRS) and the Federal Employees Retirement System (FERS).
(Sec. 6) Requires the Secretary to report to the appropriate congressional committees on: (1) FPS personnel needs, (2) retention rates within the FPS contract guard workforce, (3) the feasibility of federalizing the FPS contract guard workforce, (4) methods for funding FPS, and (5) available methods to detect or prevent explosives from entering federal facilities.
(Sec. 11) States that nothing in this Act shall be construed to affect the authority of: (1) the U.S. Marshals Service to protect and serve federal judicial personnel, (2) any federal law enforcement agency other than FPS, or (3) any authority of FPS not specifically enumerated by this Act prior to the enactment date of this Act.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 772 Introduced in Senate (IS)]
112th CONGRESS
1st Session
S. 772
To protect Federal employees and visitors, improve the security of
Federal facilities and authorize and modernize the Federal Protective
Service.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 8, 2011
Mr. Lieberman (for himself, Ms. Collins, and Mr. Akaka) introduced the
following bill; which was read twice and referred to the Committee on
Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To protect Federal employees and visitors, improve the security of
Federal facilities and authorize and modernize the Federal Protective
Service.
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Supporting Employee Competency and
Updating Readiness Enhancements for Facilities Act of 2011'' or the
``SECURE Facilities Act of 2011''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Homeland Security of the House
of Representatives;
(D) the Committee on Transportation and
Infrastructure of the House of Representatives; and
(E) the Committee on Appropriations of the House of
Representatives.
(2) Director.--The term ``Director'' means the Director of
the Federal Protective Service.
(3) Facility used for activities covered under the atomic
energy act of 1954.--The term ``facility used for activities
covered under the Atomic Energy Act of 1954'' means--
(A) the Albuquerque National Nuclear Security
Administration Service Center;
(B) the Brookhaven National Laboratory and
Brookhaven Site Office;
(C) the Argonne National Laboratory, the Argonne
Site Office and the Chicago Service Center;
(D) the Department of Energy Office of Secure
Transportation, and associated field locations;
(E) the Idaho National Laboratory and the Idaho
Site Office;
(F) the Kansas City Plant and the Kansas City Site
Office;
(G) the Pittsburgh Naval Reactors Office, Bettis
Atomic Power Laboratory, Idaho Naval Reactors Facility,
and the Knolls Atomic Power Laboratory;
(H) the Nevada Site Office and the Nevada National
Security Site;
(I) the Los Alamos National Laboratory and the Los
Alamos Site Office;
(J) the Lawrence Livermore National Laboratory and
Lawrence Livermore Site Office;
(K) the National Energy Technology Laboratory;
(L) the Oak Ridge National Laboratory, Department
of Energy Oak Ridge Office, and the Department of
Energy East Tennessee Technology Park;
(M) the Pantex Plant and Pantex Site Office;
(N) the Portsmouth Gaseous Diffusion Plant and
Paducah Gaseous Diffusion Plant;
(O) the Richland Operations Office and Hanford
Site;
(P) the Sandia National Laboratories and Sandia
Site Office;
(Q) the Strategic Petroleum Reserve Project Office
and the Strategic Petroleum Reserve Sites;
(R) the Savannah River Plant and the Department of
Energy Office of Environmental Management's Savannah
River Site Office;
(S) the Savannah River National Laboratory;
(T) the National Nuclear Security Administration's
National Savannah River Site Office, the Tritium
Extraction Facility and Mixed Oxide Fuel Fabrication
Facility;
(U) the Waste Isolation Pilot Plant; and
(V) the National Nuclear Security Administration's
Y-12 Site Office and the Y-12 National Security
Complex.
(4) Federal facility.--The term ``Federal facility''--
(A) means any building and grounds and all property
located in or on that building and grounds, that are
owned, occupied or secured by the Federal Government,
including any agency, instrumentality or wholly owned
or mixed-ownership corporation of the Federal
Government; and
(B) does not include--
(i) any building, grounds, or property used
for military activities; or
(ii) any facility used for activities
covered under the Atomic Energy Act of 1954 (42
U.S.C. 2011 et seq.).
(5) Federal protective service officer.--The term ``Federal
protective service officer''--
(A) has the meaning given under sections 8331 and
8401 of title 5, United States Code; and
(B) includes any other employee of the Federal
Protective Service designated as a Federal protective
service officer authorized to carry firearms and make
arrests by the Secretary.
(6) Qualified consultant.--The term ``qualified
consultant'' means a non-Federal entity with experience in
homeland security, infrastructure protection and physical
security, Government workforce issues, and Federal human
capital policies.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
SEC. 3. FEDERAL PROTECTIVE SERVICE.
(a) In General.--Title II of the Homeland Security Act of 2002 (6
U.S.C. 121 et seq.) is amended by adding at the end the following:
``Subtitle E--Federal Protective Service
``SEC. 241. DEFINITIONS.
``In this subtitle:
``(1) Agency.--The term `agency' means an executive agency.
``(2) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
``(B) the Committee on Appropriations of the
Senate;
``(C) the Committee on Homeland Security of the
House of Representatives;
``(D) the Committee on Transportation and
Infrastructure of the House of Representatives; and
``(E) the Committee on Appropriations of the House
of Representatives.
``(3) Director.--The term `Director' means the Director of
the Federal Protective Service.
``(4) Facility security level.--The term `facility security
level'--
``(A) means a rating of each Federal facility based
on the analysis of several facility factors that
provides a basis for that facility's attractiveness as
a target and potential effects or consequences of a
criminal or terrorist attack, which then serves as a
basis for the implementation of certain levels of
security protection; and
``(B) is determined by the Federal Protective
Service, the United States Marshals Service under
section 566 of title 28, United States Code, or another
agency authorized to provide all protective services
for a facility under the provisions of section 263 and
guided by Interagency Security Committee standards.
``(5) Facility used for activities covered under the atomic
energy act of 1954.--The term `facility used for activities
covered under the Atomic Energy Act of 1954' means--
``(A) the Albuquerque National Nuclear Security
Administration Service Center;
``(B) the Brookhaven National Laboratory and
Brookhaven Site Office;
``(C) the Argonne National Laboratory, the Argonne
Site Office and the Chicago Service Center;
``(D) the Department of Energy Office of Secure
Transportation, and associated field locations;
``(E) the Idaho National Laboratory and the Idaho
Site Office;
``(F) the Kansas City Plant and the Kansas City
Site Office;
``(G) the Pittsburgh Naval Reactors Office, Bettis
Atomic Power Laboratory, Idaho Naval Reactors Facility,
and the Knolls Atomic Power Laboratory;
``(H) the Nevada Site Office and the Nevada
National Security Site;
``(I) the Los Alamos National Laboratory and the
Los Alamos Site Office;
``(J) the Lawrence Livermore National Laboratory
and Lawrence Livermore Site Office;
``(K) the National Energy Technology Laboratory;
``(L) the Oak Ridge National Laboratory, Department
of Energy Oak Ridge Office, and the Department of
Energy East Tennessee Technology Park;
``(M) the Pantex Plant and Pantex Site Office;
``(N) the Portsmouth Gaseous Diffusion Plant and
Paducah Gaseous Diffusion Plant;
``(O) the Richland Operations Office and Hanford
Site;
``(P) the Sandia National Laboratories and Sandia
Site Office;
``(Q) the Strategic Petroleum Reserve Project
Office and the Strategic Petroleum Reserve Sites;
``(R) the Savannah River Plant and the Department
of Energy Office of Environmental Management's Savannah
River Site Office;
``(S) the Savannah River National Laboratory;
``(T) the National Nuclear Security
Administration's National Savannah River Site Office,
the Tritium Extraction Facility and Mixed Oxide Fuel
Fabrication Facility;
``(U) the Waste Isolation Pilot Plant; and
``(V) the National Nuclear Security
Administration's Y-12 Site Office and the Y-12 National
Security Complex.
``(6) Federal facility.--The term `Federal facility'--
``(A) means any building and grounds and all
property located in or on that building and grounds,
that are owned, occupied or secured by the Federal
Government, including any agency, instrumentality or
wholly owned or mixed-ownership corporation of the
Federal Government; and
``(B) does not include--
``(i) any building, grounds, or property
used for military activities; or
``(ii) any facility used for activities
covered under the Atomic Energy Act of 1954 (42
U.S.C. 2011 et seq.).
``(7) Federal facility protected by the federal protective
service.--The term `Federal facility protected by the Federal
Protective Service'--
``(A) means those facilities owned or leased by the
General Services Administration, and other facilities
at the discretion of the Secretary; and
``(B) does not include any facility, or portion
thereof, which the United States Marshals Service is
responsible for under section 566 of title 28, United
States Code.
``(8) Federal protective service officer.--The term
`Federal protective service officer'--
``(A) has the meaning given under sections 8331 and
8401 of title 5, United States Code; and
``(B) includes any other employee of the Federal
Protective Service designated as a Federal protective
service officer authorized to carry firearms and make
arrests by the Secretary.
``(9) Infrastructure security canine team.--The term
`infrastructure security canine team' means a certified canine
and a Federal protective service officer that are trained to
detect explosives or other threats as defined by the Secretary.
``(10) In-service field staff.--The term `in-service field
staff' means Federal Protective Service law enforcement
officers who, while working, are directly engaged on a daily
basis protecting and enforcing law at Federal facilities,
including police officers, inspectors, area commanders and
special agents, and such other equivalent positions as
designated by the Secretary.
``(11) Security organization.--The term `security
organization' means an agency or an internal agency component
responsible for security at a specific Federal facility.
``SEC. 242. ESTABLISHMENT.
``(a) Establishment.--There is established the Federal Protective
Service within the Department.
``(b) Mission.--The mission of the Federal Protective Service is to
render Federal facilities protected by the Federal Protective Service
safe and secure for Federal employees, contract employees, officers,
and visitors.
``(c) Director.--The head of the Federal Protective Service shall
be the Director of the Federal Protective Service. The Director shall
report to the Under Secretary for the National Protection and Programs
Directorate.
``(d) Duties and Powers of the Director.--
``(1) In general.--Subject to the supervision and direction
of the Secretary, the Director shall be responsible for the
management and administration of the Federal Protective Service
and the employees and programs of the Federal Protective
Service.
``(2) Protection.--The Director shall secure Federal
facilities which are protected by the Federal Protective
Service, and safeguard all occupants, including Federal
employees, contract employees, officers, and visitors.
``(3) Enforcement policy.--The Director shall establish and
direct the policies of the Federal Protective Service, and
advise the Under Secretary for the National Protection and
Programs Directorate on policy matters relating to the
protection of Federal facilities.
``(4) Training.--The Director shall--
``(A) determine the minimum level of training or
certification for--
``(i) employees of the Federal Protective
Service; and
``(ii) armed contract security guards at
Federal facilities protected by the Federal
Protective Service; and
``(B) provide training, to members of a Facility
Security Committee that meets the standards established
by the Interagency Security Committee.
``(5) Investigations.--The Director shall ensure violations
of any Federal law affecting the security of Federal facilities
protected by the Federal Protective Service are investigated
and referred for prosecution as appropriate.
``(6) Inspections.--The Director shall inspect Federal
facilities protected by the Federal Protective Service for the
purpose of determining compliance with Federal security
standards and making appropriate risk mitigation
recommendations.
``(7) Personnel.--The Director shall provide adequate
numbers of trained personnel to ensure Federal security
standards are met.
``(8) Information sharing.--The Director shall provide
crime prevention, threat awareness, and intelligence
information to the Administrator of General Services and
tenants of Federal facilities. The Director shall ensure
effective coordination and liaison with other Federal law
enforcement agencies and State and local law enforcement
agencies.
``(9) Patrol.--The Director shall ensure areas in and
around Federal facilities protected by the Federal Protective
Service are patrolled by Federal Protective Service officers.
``(10) Security assessment.--The Director shall ensure a
security risk assessment is conducted for each Federal facility
protected by the Federal Protective Service on a recurring
basis and in accordance with standards established by the
Interagency Security Committee.
``(11) Emergency plan assistance.--The Director shall--
``(A) ensure each Federal facility protected by the
Federal Protective Service has adequate plans for
emergency situations;
``(B) provide technical assistance to agencies that
are the tenant of a Federal facility protected by the
Federal Protective Service in developing plans
described in subparagraph (A); and
``(C) ensure plans described in subparagraph (A)
are exercised in accordance with standards established
by the Interagency Security Committee.
``(12) Security countermeasures.--The Director shall ensure
and supervise the effective design, procurement, installation,
maintenance, and operation of security countermeasures
(including armed contract guards, electronic physical security
systems, and weapons and explosives screening devices) for
Federal facilities protected by the Federal Protective Service.
``(13) Suitability adjudication of guards and building
service contractors.--The Director shall ensure that--
``(A) background investigations are conducted for
contract guards and building service contractors; and
``(B) each contract guard and building service
contractor is suitable for work in a Federal facility
protected by the Federal Protective Service before
being granted unescorted or recurring access.
``(14) Protective service guard contracting.--The Director
shall be responsible for all protective service guard
contracting requirements for those facilities owned or leased
by the General Services Administration, and other facilities at
the discretion of the Secretary.
``(15) Assistance to facility security committees.--The
Director shall ensure coordination with and provide assistance
to Facility Security Committees on matters relating to
facilities, facility vulnerabilities, and potential
consequences of an incident.
``SEC. 243. FULL-TIME EQUIVALENT EMPLOYEE REQUIREMENTS.
``(a) In General.--The Secretary shall ensure that the Federal
Protective Service maintains not fewer than 1,371 full-time equivalent
employees, including not fewer than 950 in-service field staff in
fiscal year 2012.
``(b) Minimum Full-Time Equivalent Employee Level.--
``(1) In general.--The Secretary shall ensure that the
Federal Protective Service shall maintain at any time not fewer
than 1,200 full-time equivalent employees, including not fewer
than 900 in-service field staff.
``(2) Report.--In any fiscal year after fiscal year 2012 in
which the number of full-time equivalent employees of the
Federal Protective Service is fewer than the number of full-
time equivalent employees of the Federal Protective Service in
the previous fiscal year, the Secretary shall submit a report
to the appropriate congressional committees that provides--
``(A) an explanation of the decrease in full-time
equivalent employees; and
``(B) a revised model of the number of full-time
equivalent employees projected for future fiscal years.
``SEC. 244. OVERSIGHT OF CONTRACT GUARD SERVICES.
``(a) Armed Guard Training Requirements.--
``(1) Establishment.--Not later than 180 days after the
date of enactment of the Supporting Employee Competency and
Updating Readiness Enhancements for Facilities Act of 2011, the
Director shall establish minimum training requirements for all
armed guards procured by the Federal Protective Service.
``(2) Requirements.--Training requirements under this
subsection shall include--
``(A) at least 80 hours of instruction before a
guard may be deployed, and at least 16 hours of
recurrent training on an annual basis thereafter; and
``(B) Federal Protective Service monitoring or
provision of the initial training of armed guards
procured by the Federal Protective Service of--
``(i) at least 10 percent of the hours of
required instruction in fiscal year 2011;
``(ii) at least 15 percent of the hours of
required instruction in fiscal year 2012;
``(iii) at least 20 percent of the hours of
required instruction in fiscal year 2013; and
``(iv) at least 25 percent of the hours of
required instruction in fiscal year 2014 and
each fiscal year thereafter.
``(b) Training and Security Assessment Program.--
``(1) Establishment.--Not later than 180 days after the
date of enactment of the Supporting Employee Competency and
Updating Readiness Enhancements for Facilities Act of 2011, the
Director shall establish a program to periodically assess--
``(A) the training of guards for the security and
protection of Federal facilities protected by the
Federal Protective Service; and
``(B) the security of Federal facilities protected
by the Federal Protective Service.
``(2) Program.--The program under this subsection shall
include an assessment of--
``(A) methods to test the training and
certifications of guards;
``(B) a remedial training program for guards;
``(C) procedures for taking personnel actions,
including processes for removing individuals who fail
to conform to the training or performance requirements
of the contract; and
``(D) an overt and covert testing program for the
purposes of assessing guard performance and other
facility security countermeasures.
``(3) Reports.--The Secretary shall annually submit a
report to the appropriate congressional committees, in a
classified manner, if necessary, on the results of the
assessment of the overt and covert testing program of the
Federal Protective Service.
``(c) Revision of Guard Manual and Post Orders.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Supporting Employee Competency and Updating
Readiness Enhancements for Facilities Act of 2011, the
Director, in consultation with the Administrator of General
Services, shall--
``(A) update the Security Guard Information Manual
and post orders for each guard post overseen by the
Federal Protective Service; or
``(B) certify to the Secretary that the Security
Guard Information Manual and post orders described
under subparagraph (A) have been updated during the 1-
year period preceding the date of enactment of the
Supporting Employee Competency and Updating Readiness
Enhancements for Facilities Act of 2011.
``(2) Review and update.--Beginning with the first calendar
year following the date of enactment of the Supporting Employee
Competency and Updating Readiness Enhancements for Facilities
Act of 2011, and every 2 years thereafter, the Director shall
review and update the Security Guard Information Manual and
post orders for each guard post overseen by the Federal
Protective Service.
``(d) Database of Guard Service Contracts.--The Director shall
establish a database to monitor all contracts for guard services. The
database shall include information relating to contract performance.
``SEC. 245. INFRASTRUCTURE SECURITY CANINE TEAMS.
``(a) In General.--
``(1) Increased capacity.--Not later than 180 days after
the date of enactment of the Supporting Employee Competency and
Updating Readiness Enhancements for Facilities Act of 2011, the
Director shall--
``(A) begin to increase the number of
infrastructure security canine teams certified by the
Federal Protective Service for the purposes of
infrastructure-related security by up to 15 canine
teams in each of fiscal years 2012 through 2015; and
``(B) encourage State and local governments and
private owners of high-risk facilities to strengthen
security through the use of highly trained
infrastructure security canine teams.
``(2) Infrastructure security canine teams.--To the extent
practicable, the Director shall increase the number of
infrastructure security canine teams by--
``(A) partnering with the Customs and Border
Protection Canine Enforcement Program and the Canine
Training Center Front Royal, the Transportation
Security Administration's National Explosives Detection
Canine Team Training Center, or other offices or
agencies within the Department with established canine
training programs;
``(B) partnering with agencies, State or local
government agencies, nonprofit organizations,
universities, or the private sector to increase the
training capacity for canine detection teams; or
``(C) procuring explosives detection canines
trained by nonprofit organizations, universities, or
the private sector, if the canines are trained in a
manner consistent with the standards and requirements
developed under subsection (b) or other criteria
developed by the Secretary.
``(b) Standards for Infrastructure Security Canine Teams.--
``(1) In general.--The Director, in coordination with the
Office of Infrastructure Protection, shall establish criteria,
including canine training curricula, performance standards, and
other requirements, necessary to ensure that infrastructure
security canine teams trained by nonprofit organizations,
universities, and private sector entities are adequately
trained and maintained.
``(2) Expansion.--In developing and implementing the
criteria, the Director shall--
``(A) coordinate with key stakeholders, including
international, Federal, State, and local government
officials, and private sector and academic entities to
develop best practice guidelines;
``(B) require that canine teams trained by
nonprofit organizations, universities, or private
sector entities that are used or made available by the
Secretary be trained consistent with the criteria; and
``(C) review the status of the private sector
programs on at least an annual basis to ensure
compliance with the criteria.
``(c) Deployment.--The Director--
``(1) shall use the additional canine teams increased under
subsection (a) to enhance security at Federal facilities;
``(2) may use the additional canine teams increased under
subsection (a) on a more limited basis to support other
homeland security missions; and
``(3) may request canine teams from other agencies within
the Department--
``(A) for high-risk areas;
``(B) to address specific threats; or
``(C) on an as-needed basis.
``(d) Canine Procurement.--The Director, shall ensure that
infrastructure security canine teams are procured as efficiently as
possible and at the lowest cost, while maintaining the needed level of
quality.
``SEC. 246. CHECKPOINT DETECTION TECHNOLOGY STANDARDS.
``The Secretary, in coordination with the Interagency Security
Committee, shall develop performance-based standards for checkpoint
detection technologies for explosives and other threats at Federal
facilities protected by the Federal Protective Service.
``SEC. 247. COMPLIANCE OF FEDERAL FACILITIES WITH FEDERAL SECURITY
STANDARDS.
``(a) In General.--The Secretary may assess security charges to an
agency that is the owner or the tenant of a Federal facility protected
by the Federal Protective Service in addition to any security charge
assessed under section 248 for the costs of necessary security
countermeasures if--
``(1) the Secretary, in coordination with the Interagency
Security Committee, determines a Federal facility to be in
noncompliance with Federal security standards established by
the Interagency Security Committee or a final determination
regarding countermeasures made by the appeals board established
under section 262(h); and
``(2) the Interagency Security Committee or the Director--
``(A) provided notice to that agency and the
Facility Security Committee of--
``(i) the noncompliance;
``(ii) the actions necessary to be in
compliance; and
``(iii) the latest date on which such
actions need to be taken; and
``(B) the agency is not in compliance by that date.
``(b) Report on Noncompliant Facilities.--The Secretary shall
submit a report to the appropriate congressional committees, in a
classified manner if necessary, of any facility determined to be in
noncompliance with the Federal security standards established by the
Interagency Security Committee.
``SEC. 248. FEES FOR PROTECTIVE SERVICES.
``(a) In General.--The Secretary may assess and collect fees and
security charges from agencies for the costs of providing protective
services.
``(b) Deposit of Fees.--Any fees or security charges paid under
this section shall be deposited in the appropriations account under the
heading `federal protective services' under the heading `National
Protection and Programs Directorate' of the Department.
``(c) Adjustment of Fees.--The Director of the Office of Management
and Budget shall adjust fees as necessary to carry out this subtitle.
``Subtitle F--Interagency Security Committee
``SEC. 261. DEFINITIONS.
``In this subtitle, the definitions under section 241 shall apply.
``SEC. 262. INTERAGENCY SECURITY COMMITTEE.
``(a) Establishment.--There is established within the executive
branch the Interagency Security Committee (in this subtitle referred to
as the `Committee') responsible for the development of safety and
security standards and best practices to mitigate the effects of
natural and manmade hazards in Federal facilities.
``(b) Chairperson.--The Committee shall be chaired by the
Secretary, or the designee of the Secretary. The chairperson shall be
responsible for the daily operations of the Committee and appeals
board, final approval and enforcement of Committee standards, and the
promulgation of regulations related to Federal facility security
prescribed by the Committee.
``(c) Membership.--
``(1) Voting members.--The Committee shall consist of the
following voting members:
``(A) Agency representatives.--Representatives from
the following agencies, appointed by the agency heads:
``(i) Department of Homeland Security.
``(ii) Department of State.
``(iii) Department of the Treasury.
``(iv) Department of Defense.
``(v) Department of Justice.
``(vi) Department of the Interior.
``(vii) Department of Agriculture.
``(viii) Department of Commerce.
``(ix) Department of Labor.
``(x) Department of Health and Human
Services.
``(xi) Department of Housing and Urban
Development.
``(xii) Department of Transportation.
``(xiii) Department of Energy.
``(xiv) Department of Education.
``(xv) Department of Veterans Affairs.
``(xvi) Environmental Protection Agency.
``(xvii) Central Intelligence Agency.
``(xviii) Office of Management and Budget.
``(xix) General Services Administration.
``(B) Other officers.--The following Federal
officers or the designees of those officers:
``(i) The Director of the United States
Marshals Service.
``(ii) The Director.
``(iii) The Assistant to the President for
National Security Affairs.
``(C) Judicial branch representatives.--A
representative from the judicial branch appointed by
the Chief Justice of the United States.
``(2) Associate members.--The Committee shall include as
associate members who shall be nonvoting members,
representatives from the following agencies, appointed by the
agency heads:
``(A) Federal Aviation Administration.
``(B) Federal Bureau of Investigation.
``(C) Federal Deposit Insurance Corporation.
``(D) Federal Emergency Management Agency.
``(E) Federal Reserve Board.
``(F) Internal Revenue Service.
``(G) National Aeronautics and Space
Administration.
``(H) National Capital Planning Commission.
``(I) National Institute of Standards & Technology.
``(J) Nuclear Regulatory Commission.
``(K) Office of Personnel Management.
``(L) Securities and Exchange Commission.
``(M) Social Security Administration.
``(N) United States Coast Guard.
``(O) United States Postal Service.
``(P) United States Army Corps of Engineers.
``(Q) Court Services and Offender Supervision
Agency.
``(R) Any other Federal officers as the President
shall appoint.
``(3) Government accountability office.--The Comptroller
General shall designate a representative to act as a liaison to
the Committee.
``(d) Working Groups.--The Committee may establish interagency
working groups to perform such tasks as may be directed by the
Committee.
``(e) Consultation.--The Committee shall consult with other
parties, including the Administrative Office of the United States
Courts, to perform its responsibilities, and, at the discretion of the
Chairperson of the Committee, such other parties may participate in the
working groups.
``(f) Meetings.--The Committee shall at a minimum meet quarterly.
``(g) Responsibilities.--The Committee shall--
``(1) not later than 1 year after the date of enactment of
the Supporting Employee Competency and Updating Readiness
Enhancements for Facilities Act of 2011, propose regulations to
the Secretary for promulgation under section 1315(c)(1) of
title 40, United States Code--
``(A) for determining facility security levels,
unless the Committee determines that similar
regulations are issued by the Secretary before the end
of that 180-day period; and
``(B) to establish risk-based performance standards
for the security of Federal facilities, unless the
Committee determines that similar regulations are
issued by the Secretary before the end of that 1-year
period;
``(2) establish protocols for the testing of the compliance
of Federal facilities with Federal security standards,
including a mechanism for the initial and recurrent testing of
Federal facilities;
``(3) prescribe regulations to determine minimum levels of
training and certification of contract guards;
``(4) prescribe regulations to establish a list of
prohibited items for entry into Federal facilities;
``(5) establish minimum requirements and a process for
providing basic security training for members of Facility
Security Committees; and
``(6) take such actions as may be necessary to enhance the
quality and effectiveness of security and protection of Federal
facilities, including--
``(A) encouraging agencies with security
responsibilities to share security-related intelligence
in a timely and cooperative manner;
``(B) assessing technology and information systems
as a means of providing cost-effective improvements to
security in Federal facilities;
``(C) developing long-term construction standards
for those locations with threat levels or missions that
require blast resistant structures or other specialized
security requirements;
``(D) evaluating standards for the location of, and
special security related to, day care centers in
Federal facilities; and
``(E) assisting the Secretary in developing and
maintaining a secure centralized security database of
all Federal facilities; and
``(7) carry out such other duties as assigned by the
President.
``(h) Appeals Board.--
``(1) Establishment.--The Committee shall establish an
appeals board to consider appeals from any Facility Security
Committee or the Director of a--
``(A) facility security level determination;
``(B) Facility Security Committee decision to
disapprove a determination for necessary
countermeasures or physical security improvements if
the Director considered such a decision a grave risk to
the facility or its occupants; or
``(C) determination of noncompliance with Federal
facility security standards.
``(2) Membership.--
``(A) In general.--The appeals board shall consist
of 7 members of the Committee, of whom--
``(i) 1 shall be designated by the
Secretary;
``(ii) 4 shall be selected by the voting
members of the Committee; and
``(iii) 2 shall be selected by the voting
members of the Committee to serve as alternates
in the case of recusal by a member of the
appeals board.
``(B) Recusal.--An appeals board member shall
recuse himself or herself from any appeal from an
agency which that member represents.
``(3) Final appeal.--A decision of the appeals board is
final and shall not be subject to administrative or judicial
review.
``(i) Agency Support and Cooperation.--
``(1) Administrative support.--
``(A) In general.--To the extent permitted by law
and subject to the availability of appropriations, the
Secretary shall provide the Committee such
administrative services, funds, facilities, staff and
other support services as may be necessary for the
performance of the functions of the Committee under
this subtitle.
``(B) Authorization of appropriations.--There are
authorized to be appropriated to the Department such
sums as necessary to carry out the provisions of this
paragraph.
``(2) Cooperation and compliance.--
``(A) In general.--Each agency shall cooperate and
comply with the policies, standards, and determinations
of the Committee.
``(B) Support.--To the extent permitted by law and
subject to the availability of appropriations, agencies
shall provide such support as may be necessary to
enable the Committee to perform the duties and
responsibilities of the Committee.
``(3) Compliance.--The Secretary shall be responsible for
monitoring agency compliance with the policies and
determinations of the Committee.
``(j) Authorization.--There are authorized to be appropriated to
the Department such sums as necessary to carry out the provisions of
this section.
``SEC. 263. AUTHORIZATION OF AGENCIES TO PROVIDE PROTECTIVE SERVICES.
``(a) In General.--The Secretary, in consultation with the
Committee, shall establish a process to authorize an agency to provide
protective services for a Federal facility instead of the Federal
Protective Service.
``(b) Law Enforcement Authority.--The Federal Protective Service
shall retain the law enforcement authorities of the Federal Protective
Service at any Federal facilities where an exemption is approved under
subsection (a).
``(c) Requirements.--Except as provided under subsection (d), the
process under subsection (a) shall--
``(1) provide that--
``(A) an agency may submit an application to the
Secretary for an authorization;
``(B) an authorization shall be for a 2-year
period;
``(C) an authorization may be renewed; and
``(D) not later than 60 days after an agency
submits an application to the Secretary for an
authorization, the Secretary shall respond to the
agency; and
``(2) require an agency to--
``(A) demonstrate security expertise;
``(B) possess law enforcement authority;
``(C) provide sufficient information through a
security plan that the agency shall be in compliance
with the Federal security standards of the Committee;
and
``(D) submit a cost benefit analysis demonstrating
savings to be realized.
``(d) Authorization for Certain Department of Energy Facilities.--
Nothing in this section shall--
``(1) alter authorizations in effect as of the date of
enactment of the Supporting Employee Competency and Updating
Readiness Enhancements for Facilities Act of 2011 that have
been provided to the Department of Energy for headquarters
facilities located in Washington, DC, and Germantown, Maryland;
or
``(2) preclude the Secretary and the Secretary of Energy
from renegotiating the terms of the authorizations for the
Department of Energy headquarters facilities located in
Washington, DC, and Germantown, Maryland, without regard to the
requirements of subsection (c).
``SEC. 264. FACILITY SECURITY COMMITTEES.
``(a) In General.--
``(1) Maintenance of facility security committees.--Except
as provided under paragraph (2), the agencies that are tenants
at each Federal facility shall maintain a Facility Security
Committee for that Federal facility. Each agency that is a
tenant at a Federal facility shall provide 1 employee to serve
as a member of the Facility Security Committee.
``(2) Exemptions.--The Secretary may exempt a Federal
facility from the requirement under paragraph (1), if that
Federal facility is authorized under section 263 to provide
protective services.
``(b) Chairperson.--
``(1) In general.--Each Facility Security Committee shall
be headed by a chairperson, elected by a majority of the
members of the Facility Security Committee.
``(2) Responsibilities.--The chairperson shall be
responsible for--
``(A) maintaining accurate contact information for
agency tenants and providing that information,
including any updates, to the Federal Protective
Service or designated security organization;
``(B) setting the agenda for Facility Security
Committee meetings;
``(C) referring Facility Security Committee member
questions to Federal Protective Service or designated
security organization for response;
``(D) reviewing a security assessment completed by
the Federal Protective Service or designated security
organization representatives and, if requested by the
Federal Protective Service or designated security
organization, accompanying the representatives during
on-site facility security assessments;
``(E) maintaining an official record of each
meeting;
``(F) acknowledging receipt of the facility
security assessment from Federal Protective Service or
designated security organization;
``(G) maintaining records of training of or waivers
for members of the Facility Security Committee; and
``(H) any other duties as determined by the
Interagency Security Committee.
``(c) Training for Members.--
``(1) In general.--Except as provided under paragraphs (3)
and (4), before serving as a member of a Facility Security
Committee, an employee shall successfully complete a training
course that meets a minimum standard of training as established
by the Interagency Security Committee.
``(2) Training.--Training under this subsection shall--
``(A) be provided by the Federal Protective Service
or designated security organization, in accordance with
standards established by the Interagency Security
Committee;
``(B) be commensurate with the security level of
the facility; and
``(C) include training relating to--
``(i) familiarity with published standards
of the Interagency Security Committee;
``(ii) physical security criteria for
Federal facilities;
``(iii) use of physical security
performance measures;
``(iv) facility security levels
determinations;
``(v) best practices for safe mail
handling;
``(vi) knowledge of an occupant emergency
plan, the facility security assessment process,
and the facility countermeasures plan; and
``(vii) the role of the Federal Protective
Service or designated security organization and
the General Services Administration.
``(3) Waivers.--The training requirement under this
subsection may be waived by the Director, the head of a
designated security organization, or the Chairperson of the
Interagency Security Committee if the Director, the head of the
designated security organization, or the Chairperson determines
that an employee has related experience in physical security,
law enforcement, or infrastructure security disciplines.
``(4) Incumbent members.--
``(A) In general.--This subsection shall apply to
any Facility Security Committee established before, on,
or after the date of enactment of the Supporting
Employee Competency and Updating Readiness Enhancements
for Facilities Act of 2011, except that any member of a
Facility Security Committee serving on that date shall
during the 1-year period following that date--
``(i) successfully complete a training
course as required under paragraph (1); or
``(ii) obtain a waiver under paragraph (3).
``(B) Compliance.--Any member of a Facility
Security Committee described under subparagraph (A) who
does not comply with that subparagraph may not serve on
that Facility Security Committee.
``(d) Meetings and Quorum.--
``(1) Meetings.--Each Facility Security Committee shall
meet on a quarterly basis, or more frequently if determined
appropriate by the chairperson.
``(2) Quorum.--A majority of the members of a Facility
Security Committee shall be present for a quorum to conduct
business.
``(e) Appeal.--
``(1) In general.--If a Facility Security Committee
disagrees with a determination of a facility security level or
a determination of noncompliance with Federal security
standards, the Chairperson of a Facility Security Committee may
file an appeal of the determination with the Interagency
Security Committee appeals board.
``(2) Decision to appeal.--The decision to file an appeal
shall be agreed to by a majority of the members of a Facility
Security Committee.
``(3) Matters subject to appeal.--A determination of the
Federal Protective Service may be appealed under this
subsection, including any determination relating to--
``(A) countermeasure improvements;
``(B) facility security assessment findings; and
``(C) facility security levels.''.
(b) Technical and Conforming Amendment.--The table of contents for
the Homeland Security Act of 2002 is amended by inserting after the
matter relating to title II the following:
``Subtitle E--Federal Protective Service
``Sec. 241. Definitions.
``Sec. 242. Establishment.
``Sec. 243. Full-time equivalent employee requirements.
``Sec. 244. Oversight of contract guard services.
``Sec. 245. Infrastructure Security Canine Teams.
``Sec. 246. Checkpoint detection technology standards.
``Sec. 247. Compliance of Federal facilities with Federal security
standards.
``Sec. 248. Fees for protective services.
``Subtitle F--Interagency Security Committee
``Sec. 261. Definitions.
``Sec. 262. Interagency Security Committee.
``Sec. 263. Authorization of agencies to provide protective services.
``Sec. 264. Facility security committees.''.
SEC. 4. FEDERAL PROTECTIVE SERVICE OFFICERS OFF-DUTY CARRYING OF
FIREARMS.
(a) Law Enforcement Authority of Secretary of Homeland Security.--
Section 1315(b)(2) of title 40, United States Code, is amended--
(1) in the matter preceding subparagraph (A), by striking
``While engaged in the performance of official duties, an'' and
inserting ``An''; and
(2) in subparagraph (B), by striking ``carry firearms;''
and inserting ``carry firearms on or off duty;''.
(b) Carrying Concealed Firearms.--Section 926B(f) of title 18,
United States Code, is amended by inserting ``, a law enforcement
officer of the Federal Protective Service'' after ``Federal Reserve,''.
SEC. 5. CIVIL SERVICE RETIREMENT SYSTEM AND FEDERAL EMPLOYEES
RETIREMENT SYSTEM.
(a) Civil Service Retirement System.--
(1) Definition.--Section 8331 of title 5, United States
Code is amended--
(A) in paragraph (30), by striking ``and'' at the
end;
(B) in paragraph (31), by striking the period and
inserting ``and''; and
(C) by adding at the end the following:
``(32) `Federal protective service officer' means an
employee in the Federal Protective Service of the Department of
Homeland Security--
``(A) who holds a position within the GS-0083, GS-
0080, GS-1801, or GS-1811 job series (determined
applying the criteria in effect as of September 1, 2007
or any successor position; and
``(B) who are authorized to carry firearms and
empowered to make arrests in the performance of duties
related to the protection of buildings, grounds and
property that are owned, occupied, or secured by the
Federal Government (including any agency,
instrumentality or wholly owned or mixed-ownership
corporation thereof) and the persons on the property,
including any such employee who is transferred directly
to a supervisory or administrative position in the
Department of Homeland Security after performing such
duties in 1 or more positions (as described under
subparagraph (A)) for at least 3 years.''.
(2) Deductions, contributions, and deposits.--Section 8334
of title 5, United States Code, is amended--
(A) in subsection (a)(1)(A), by inserting ``Federal
protective service officer,'' before ``or customs and
border protection officer,''; and
(B) in the table contained in subsection (c), by
adding at the end the following:
``Federal Protective Service Officer 7.5 After June 29, 2011.''.
(3) Mandatory separation.--The first sentence of section
8335(b)(1) of title 5, United States Code, is amended by
inserting ``Federal protective service officer,'' before ``or
customs and border protection officer,''.
(4) Immediate retirement.--Section 8336 of title 5, United
States Code, is amended--
(A) in subsection (c)(1), by inserting ``Federal
protective service officer,'' before ``or customs and
border protection officer,''; and
(B) in subsections (m) and (n), by inserting ``as a
Federal protective service officer,'' before ``or as a
customs and border protection officer,''.
(b) Federal Employees Retirement System.--
(1) Definition.--Section 8401 of title 5, United States
Code, is amended--
(A) in paragraph (35), by striking ``and'' at the
end;
(B) in paragraph (36), by striking the period and
inserting ``and''; and
(C) by adding at the end the following:
``(37) `Federal protective service officer' means an
employee in the Federal Protective Service of the Department of
Homeland Security--
``(A) who holds a position within the GS-0083, GS-
0080, GS-1801, or GS-1811 job series (determined
applying the criteria in effect as of September 1,
2007) or any successor position; and
``(B) who are authorized to carry firearms and
empowered to make arrests in the performance of duties
related to the protection of buildings, grounds and
property that are owned, occupied, or secured by the
Federal Government (including any agency,
instrumentality or wholly owned or mixed-ownership
corporation thereof) and the persons on the property,
including any such employee who is transferred directly
to a supervisory or administrative position in the
Department of Homeland Security after performing such
duties in 1 or more positions (as described under
subparagraph (A)) for at least 3 years.''.
(2) Immediate retirement.--Paragraphs (1) and (2) of
section 8412(d) of title 5, United States Code, are amended by
inserting ``Federal protective service officer,'' before ``or
customs and border protection officer,''.
(3) Computation of basic annuity.--Section 8415(h)(2) of
title 5, United States Code, is amended by inserting ``Federal
protective service officer,'' before ``or customs and border
protection officer,''.
(4) Deductions from pay.--The table contained in section
8422(a)(3) of title 5, United States Code, is amended by adding
at the end the following:
``Federal Protective Service Officer 7.5 After June 29, 2011.''.
(5) Government contributions.--Paragraphs (1)(B)(i) and (3)
of section 8423(a) of title 5, United States Code, are amended
by inserting ``Federal protective service officer,'' before
``customs and border protection officer,'' each place that term
appears.
(6) Mandatory separation.--Section 8425(b)(1) of title 5,
United States Code, is amended--
(A) by inserting ``Federal protective service
officer,'' before ``or customs and border protection
officer,'' the first place that term appears; and
(B) inserting ``Federal protective service
officer,'' before ``or customs and border protection
officer,'' the second place that term appears.
(c) Maximum Age for Original Appointment.--Section 3307 of title 5,
United States Code, is amended by adding at the end the following:
``(h) The Secretary of Homeland Security may determine and fix the
maximum age limit for an original appointment to a position as a
Federal protective service officer, as defined by section 8401(37).''.
(d) Regulations.--Any regulations necessary to carry out the
amendments made by this section shall be prescribed by the Director of
the Office of Personnel Management in consultation with the Secretary.
(e) Effective Date; Transition Rules; Funding.--
(1) Effective date.--The amendments made by this section
shall become effective on the later of June 30, 2011 or the
first day of the first pay period beginning at least 6 months
after the date of enactment of this Act.
(2) Transition rules.--
(A) Nonapplicability of mandatory separation
provisions to certain individuals.--The amendments made
by subsections (a)(3) and (b)(6), respectively, shall
not apply to an individual first appointed as a Federal
protective service officer before the effective date
under paragraph (1).
(B) Treatment of prior federal protective service
officer service.--
(i) General rule.--Except as provided in
clause (ii), nothing in this section shall be
considered to apply with respect to any service
performed as a Federal protective service
officer before the effective date under
paragraph (1).
(ii) Exception.--Service described in
section 8331(32) and 8401(37) of title 5,
United States Code (as amended by this section)
rendered before the effective date under
paragraph (1) may be taken into account to
determine if an individual who is serving on or
after such effective date then qualifies as a
Federal protective service officer by virtue of
holding a supervisory or administrative
position in the Department of Homeland
Security.
(C) Minimum annuity amount.--The annuity of an
individual serving as a Federal protective service
officer on the effective date under paragraph (1)
pursuant to an appointment made before that date shall,
to the extent that its computation is based on service
rendered as a Federal protective service officer on or
after that date, be at least equal to the amount that
would be payable to the extent that such service is
subject to the Civil Service Retirement System or
Federal Employees Retirement System, as appropriate, by
applying section 8339(d) of title 5, United States
Code, with respect to such service.
(D) Rule of construction.--Nothing in the amendment
made by subsection (c) shall be considered to apply
with respect to any appointment made before the
effective date under paragraph (1).
(3) Fees and authorizations of appropriations.--
(A) Fees.--The Director of the Office of Management
and Budget shall adjust fees as necessary to ensure
collections are sufficient to carry out amendments made
in this section.
(B) Authorization of appropriations.--There are
authorized to be appropriated such sums as are
necessary to carry out this section.
(4) Election.--
(A) Incumbent defined.--For purposes of this
paragraph, the term ``incumbent'' means an individual
who is serving as a Federal protective service officer
on the date of the enactment of this Act.
(B) Notice requirement.--Not later than 30 days
after the date of enactment of this Act, the Director
of the Office of Personnel Management shall take
measures reasonably designed to ensure that incumbents
are notified as to their election rights under this
paragraph, and the effect of making or not making a
timely election.
(C) Election available to incumbents.--
(i) In general.--An incumbent may elect,
for all purposes, either--
(I) to be treated in accordance
with the amendments made by subsection
(a) or (b), as applicable; or
(II) to be treated as if
subsections (a) and (b) had never been
enacted.
(ii) Failure to make a timely election.--
Failure to make a timely election under clause
(i) shall be treated in the same way as an
election made under clause (i)(I) on the last
day allowable under clause (iii).
(iii) Deadline.--An election under this
subparagraph shall not be effective unless it
is made at least 14 days before the effective
date under paragraph (1).
(5) Definition.--For the purposes of this subsection, the
term ``Federal protective service officer'' has the meaning
given such term by section 8331(32) or 8401(37) of title 5,
United States Code (as amended by this section).
(6) Exclusion.--Nothing in this section or any amendment
made by this section shall be considered to afford any election
or to otherwise apply with respect to any individual who, as of
the day before the date of the enactment of this Act--
(A) holds a position within the Federal Protective
Service; and
(B) is considered a law enforcement officer for
purposes of subchapter III of chapter 83 or chapter 84
of title 5, United States Code, by virtue of such
position.
SEC. 6. REPORT ON FEDERAL PROTECTIVE SERVICE PERSONNEL NEEDS.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary shall submit a report to the appropriate
congressional committees on the personnel needs of the Federal
Protective Service that includes recommendations on the numbers of
Federal protective service officers and the workforce composition of
the Federal Protective Service needed to carry out the mission of the
Federal Protective Service during the 10-fiscal year period beginning
after the date of enactment of this Act.
(b) Review and Comment.--The Secretary shall provide the report
prepared under this section to a qualified consultant for review and
comment, before submitting the report to the appropriate congressional
committees. The Secretary shall provide the comments of the qualified
consultant to the appropriate congressional committee with the report.
SEC. 7. REPORT ON RETENTION RATE FEDERAL PROTECTIVE SERVICE CONTRACT
GUARD WORKFORCE.
Not later than 90 days after the date of enactment of this Act, the
Secretary shall submit a report to the appropriate congressional
committees on--
(1) retention rates within the Federal Protective Service
contract guard workforce; and
(2) how the retention rate affects the costs and operations
of the Federal Protective Service and the security of Federal
facilities.
SEC. 8. REPORT ON THE FEASIBILITY OF FEDERALIZING THE FEDERAL
PROTECTIVE SERVICE CONTRACT GUARD WORKFORCE.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall submit to the appropriate
congressional committees a report on the feasibility of federalizing
the Federal Protective Service contract guard workforce.
(b) Review and Comment.--The Secretary shall provide the report
prepared under this section to a qualified consultant for review and
comment, before submitting the report to the appropriate congressional
committees. The Secretary shall provide the comments of the qualified
consultant to the appropriate congressional committee with the report.
(c) Contents.--The report under this section shall include an
evaluation of--
(1) converting in its entirety, or in part, the Federal
Protective Service contract workforce into full-time Federal
employees, including an option to post a full-time equivalent
Federal protective service officer at each Federal facility
that on the date of enactment of this Act has a contract guard
stationed at that facility;
(2) the immediate and projected costs of the conversion;
(3) the immediate and projected costs of maintaining guards
under contract status and of maintaining full-time Federal
employee guards;
(4) the potential increase in security if converted,
including an analysis of using either a Federal security guard,
Federal police officer, or Federal protective service officer
instead of a contract guard;
(5) the hourly and annual costs of contract guards and the
Federal counterparts of those guards, including an assessment
of costs associated with all benefits provided to the Federal
counterparts; and
(6) a comparison of similar conversions of large groups of
contracted workers and potential benefits and challenges.
SEC. 9. REPORT ON AGENCY FUNDING.
Not later than 180 days after the date of enactment of this Act,
the Secretary shall submit to the appropriate congressional committees
a report on the method of funding for the Federal Protective Service,
which shall include recommendations regarding whether the Federal
Protective Service should continue to be funded by a collection of fees
and security charges, be funded by appropriations, or be funded by a
combination of fees, security charges, and appropriations.
SEC. 10. REPORT ON PREVENTING EXPLOSIVES FROM ENTERING FEDERAL
FACILITIES.
Not later than 1 year after the date of enactment of this Act, the
Secretary shall submit a report to the appropriate congressional
committees on the feasibility, effectiveness, safety and privacy
implications of the use or potential use of available methods to detect
or prevent explosives from entering Federal facilities, including the
use of additional canine teams, advanced imaging technology, or other
technology or methods for detecting explosives.
SEC. 11. SAVINGS CLAUSE.
Nothing in this Act, including the amendments made by this Act,
shall be construed to affect--
(1) the authorities under section 566 of title 28, United
States Code;
(2) the authority of any Federal law enforcement agency
other than the Federal Protective Service; or
(3) any authority of the Federal Protective Service not
specifically enumerated by this Act that is in effect on the
day before the date of enactment of this Act.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S2351-2353)
Read twice and referred to the Committee on Homeland Security and Governmental Affairs. (text of measure as introduced: CR S2353-2358)
Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment favorably.
Committee on Homeland Security and Governmental Affairs. Reported by Senator Lieberman with an amendment. With written report No. 112-202.
Committee on Homeland Security and Governmental Affairs. Reported by Senator Lieberman with an amendment. With written report No. 112-202.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 492.
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